SMITH v. HIATT

No. 9509.

170 F.2d 61 (1948)

SMITH v. HIATT.

United States Court of Appeals Third Circuit.

Decided September 14, 1948.


Attorney(s) appearing for the Case

Daniel F. Mathews, of Syracuse, N. Y., for appellant.

Thayer Chapman, of Washington, D. C. (Arthur A. Maguire, U. S. Atty., of Scranton, Charles W. Kalp, Asst. U. S. Atty., of Lewisburg, Pa., and Nicholas R. Voorhis, Lieutenant Colonel, JAGD, of Washington, D. C., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and O'CONNELL, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In 1944, while based in England, appellant, then a private in our Air Corps, was convicted of rape and attempted rape by a general court-martial. His sentence of life imprisonment was later reduced to sixteen years. He appeals from the dismissal of his petition for habeas corpus by the District Court.

Both offenses were alleged to have been committed between 10:30 and 11:45 on the night of July 11, 1944, in the same area, which was...

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